85R3622 MCK-F
By: Farrar H.B. No. 750
A BILL TO BE ENTITLED
AN ACT
relating to a court's jurisdiction in a suit affecting the
parent-child relationship over certain young people seeking
special immigrant juvenile status and to child protective services
caseworkers assigned to those young people.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 101.003, Family Code, is amended by
adding Subsection (b-1) to read as follows:
(b-1) In the context of applying for a court order relating
to the special immigrant juvenile status of a person under Section
101(a)(27)(J) of the federal Immigration and Nationality Act (8
U.S.C. Section 1101(a)(27)(J)), "child" or "minor" includes a
person who is:
(1) not a citizen of the United States;
(2) present in the United States;
(3) not married;
(4) under 21 years of age; and
(5) applying for a special immigrant juvenile visa.
SECTION 2. Chapter 102, Family Code, is amended by adding
Section 102.0115 to read as follows:
Sec. 102.0115. JURISDICTION IN CASES INVOLVING SPECIAL
IMMIGRANT JUVENILE STATUS. The court has jurisdiction over a child
with respect to issues relating to the child's special immigrant
juvenile status if the child has filed or intends to file an
application with the appropriate federal authority seeking special
immigrant juvenile status as defined by Section 101(a)(27)(J) of
the federal Immigration and Nationality Act (8 U.S.C. Section
1101(a)(27)(J)) for the child.
SECTION 3. Subchapter A, Chapter 155, Family Code, is
amended by adding Section 155.006 to read as follows:
Sec. 155.006. EXTENDED JURISDICTION. (a) If a child over
whom the court has continuing, exclusive jurisdiction has filed or
intends to file an application with the appropriate federal
authority seeking special immigrant juvenile status as defined by
Section 101(a)(27)(J) of the federal Immigration and Nationality
Act (8 U.S.C. Section 1101(a)(27)(J)), the court may extend the
court's jurisdiction over the child after the child's 18th birthday
until the earliest of:
(1) the child's 21st birthday;
(2) the date the child is granted lawful permanent
resident status;
(3) the date an appeal of the denial of an application
for permanent residency based on a petition for special immigrant
juvenile status is denied; or
(4) if an appeal described by Subdivision (3) is not
filed, the day after the last day to file an appeal of the denial of
an application for permanent residency based on a petition for
special immigrant juvenile status.
(b) The court's jurisdiction under this section is limited
to issues relating to the child's special immigrant juvenile
status.
SECTION 4. Subchapter C, Chapter 40, Human Resources Code,
is amended by adding Section 40.0529 to read as follows:
Sec. 40.0529. CASES INVOLVING IMMIGRANT CHILDREN. The
department shall ensure that each child who is placed in the
department's managing conservatorship or care and whose
immigration status on initial placement is undetermined is assigned
to a caseworker who has experience preparing applications for
special immigrant juvenile status and legal permanent resident
status.
SECTION 5. This Act takes effect September 1, 2017.